Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents, which referred to a transfer of a "fee simple." The following statements were made to him to explain the term. Which is incorrect?
A) Technically, only the Crown owns the land, but the fee simple interest is the greatest bundle of rights, other than the Crown's, a person can own.
B) The owner of the fee simple has the right to exclusive possession of the land and can sell it in his lifetime or dispose of it by his will.
C) If the owner of the fee simple dies without a will, his estate reverts back to the Crown.
D) The owner of the fee simple has rights to the surface of the earth and also to anything attached to it (e.g., crops, houses, fences).
E) The owner of the fee simple also owns what is below the land subject to the reservations in favour of the Crown.

Question

Quizplus · Accepted Answer

C) is incorrect because if the owner of a fee simple dies without a will (intestate), the estate does not automatically revert back to the Crown. Instead, it is distributed according to the rules of intestacy, which typically means it goes to the closest living relatives of the deceased.

Mario Bought a Small House in Nelson and Was Puzzled